Probate in Yorkshire

This article applies provides advice  relating to probate in Yorkshire but much of the information applies generally to probate in England. All executors of a will must apply for probate.  It is very important to have basic knowledge of the procedures involved with probate in Yorkshire, if you are looking to obtain a grant of probate to deal with a person's estate quickly, and without complication.  This article deals with some of the more common issues that may arise when looking to obtain a grant of probate in Yorkshire.

Resources for probate in Yorkshire

A good book dealing with historic probate in Yorkshire is by Colin Blanshard called Yorkshire Probate. Blanshard is also the author of  "Yorkshire Parish Registers." Blanshard explains more than 30 separate probate jurisdictions, and reveals several new, previously unknown caches of probate records, some from previously unknown jurisdictions.

There are over 10,000 entries from Yorkshire genealogical records for the surnames.

All executors must apply for probate

 
If the deceased left a will there will be named executors.  Normally, there are around two executors, but there could well be more.  All of the named executors must jointly apply for probate, so that the deceased's estate is able to be administered.  A deed of renunciation should be signed and presented to the Probate Registry Office by any executors that do not wish to act, for any reason,e.g. due to ill health.  If there aren't any executors left, the court will appoint one otherwise, the executors that remain must continue to act on behalf of the estate.

Main tasks in applying for probate in Yorkshire

• Obtain the death certificate, after reporting the death
• Locate a probate specialist (it does not have to be a Yorkshire probate specialist)
• Notify all banks, credit card companies, utility companies, mortgage lender etc., of the death
• Assemble documents eg, list of liabilities and assets, identification documents, to take to the initial appointment with the probate specialist
• Inform the probate lawyer of the companies that have not been notified of the death, so that they can be contacted
• Review H M Revenue and Customs tax return (and supplementary forms, if applicable) with the probate solicitor and relevant oath for executors 
• Sign the above oath, stock transfer forms, tax forms, bank closures etc... along with any other executors (note: the oath must be signed before an independent solicitor, not the probate lawyer that you have retained)

The probate lawyer you have appointed  will then submit the application for grant of probate in Yorkshire.   The probate lawyer will then arrange for the assets to be transferred or released and the estate to be finalised, once probate has been granted.

Finding a probate specialist to assist with applying for probate in Yorkshire

The process of probate in Yorkshire can be carried out by either submitting a personal application or with the help of a probate lawyer.   There are a number of solicitors in Yorkshire who are able to assist you with applying for probate.   The Law Society also offers a list of numerous solicitors in Yorkshire who specialise in probate work.

Is DIY Probate an option in Yorkshire

An alternative way of applying for probate in Yorkshire is applying for it personally. This should be done directly at the  Probate Registry Office, which is open to the public Monday - Friday.   In order to apply for probate in Yorkshire, you will need an appointment for an interview.

Paying Inheritance Tax on the estate

The Inheritance Tax (IHT) due – if any - on the estate must be paid within half a year  of the date of the deceased.  If the Inheritance Tax is not paid on time interest will be payable.  The grant of probate will not be issued until the IHT bill is settled.   Where land or property, such as a flat or house, is involved, the IHT can be paid annually in instalments.  If the tax position needs to be re-examined, eg, an asset value was incorrectly stated, then H M Revenue and Customs need to be immediately informed of this.

Yorkshire Probate Valuation Services

There are various House Clearance and Probate valuation companies in Yorkshire.
Our Yorkshire Probate Team would be happy to put you in touch with a Probate Valuation company who comply with all HMRC requirements. Yorkshire probate valuation or house clearance companies should carry public liability insurance and be fully licensed by the Department of the Environment.

Legal fees for probate in Yorkshire

Lawyers fees for probate vary, depending which probate firm in Yorkshire that you appoint.   A number of probate lawyers charge an hourly rate, whereas some base their fees on a percentage of the value of the estate.   Anyone applying for probate in Yorkshire should be aware that if you appoint a lawyer charging by the hour, it will leave you uncertain as to the total cost.  If the estate proves to be complicated and extra work is necessary, for example, where there is property overseas, you will most likely get charged extra probate fees.